Jury: Former appraiser for Osceola guilty

October 19, 2006|By Mark Pino, Sentinel Staff Writer

KISSIMMEE -- A jury took less than two hours Wednesday to find suspended Osceola County Property Appraiser Bob Day guilty of two felony grand theft charges and 10 misdemeanor counts for having his employees do personal work for him, including helping on two of his re-election campaigns.

Day, the only witness to testify for the defense, told the three-man, three-woman jury on Wednesday that he had no knowledge that employees were falsifying timecards when doing personal work for him.

"It's too easy to get caught," he responded when asked by his attorney why he wouldn't have done the things he was accused of after an investigation by the Florida Department of Law Enforcement led to his arrest in May.

Day is the latest in a string of public officials that the State Attorney's Office has prosecuted in recent months. State Sen. Gary Siplin, D-Orlando, recently was found guilty of using state employees to work on his re-election campaign. Last month, jurors found Orlando City Commissioner Ernest Page guilty of corruption charges.

Day stood straight and showed no emotion when the verdict was read in court, as supporters comforted Day's wife.

"We're talking about a politician and elected government official who ran that office as if it was his own personal kingdom and [treated] the employees of Osceola County as his own personal servants," Assistant State Attorney Michelle Heller told jurors Wednesday.

Day's attorney Joseph Frein told the jury that the 11 people who testified about misdeeds in the office were not truthful or had hidden motivations.

Day was suspended from office in May by Gov. Jeb Bush after he was first charged. Additional counts were filed against the veteran office-holder in August.

The conviction means that Atlee Mercer, the former county commissioner appointed by Bush, will serve out the rest of Day's term -- until 2008.

"We have a great team. I am sure my folks are relieved that this is over and behind them," Mercer said Wednesday night. "I appreciate that they've stayed focused on the mission of the property appraiser's office during these very difficult times."

Mercer said Osceola was one of the first tax rolls the state approved this year and that of 206 challenges to the value adjustment board, all were settled or negotiated in the county's favor.

"They performed flawlessly and I appreciate it," he said.

Employees testified Tuesday that Day told them to help repair his house a day after Hurricane Charley struck in August 2004. While on county time, other workers helped Day move into a new house in 2002. And several employees said Day had them do campaign work during his re-election bids in 2000 and 2004.

Circuit Judge Belvin Perry Jr. ordered a pre-sentencing investigation and set sentencing for Nov. 27. Day was taken into custody Wednesday but was out of the Osceola County Jail on $2,400 bail early today.

Day was found not guilty of two petty theft charges and had another misdemeanor charge dismissed.